• Expansion of Qui Tam standing and clarification of “Injury in Fact” under the False Marking Statute
  • September 10, 2010 | Authors: Francis X. Riley; Courtney L. Schultz
  • Law Firms: Saul Ewing LLP - Princeton Office ; Saul Ewing LLP - Philadelphia Office
  • On August 31, 2010, the Federal Circuit Court of Appeals in Stauffer v. Brooks Brothers, Inc. held that a plaintiff asserting a qui tam claim pursuant to the False Marking Statute, 35 U.S.C. § 292, aside from pleading the other requisite elements, need only plead that the United States was injured in fact by the false marking in order for the court to confer standing upon the plaintiff. The plaintiff is not required to allege any personal injury as a result of the false marking. The court stated that “a violation of [Section 292] inherently constitutes an injury to the United States,” thus creating a per se injury in fact to the United States, which will confer standing on the plaintiff.